The Sun. — London, England, 1818-01-24 00:00:00

LAW IN FELLIW6NCE. • COURT OF CHANCERY, J. 23. This Tieing the first day of Hilary Tcrm, the I-Oan CIJANCELLOS, attend ‘d by Sir T. PLUMEN, Master tit the Rolls, Sir J. LEAcn-,-Vice-Chancel lot', and the other_ Judges, came down in the usual s tate to Westminster Hall. His Lordship, on coining into Court, iistiniated that no - appeals siluuld be heard next %reek in the House of Lords, and that din ins„! the Tenn he should bear nothing in : the Cilert hut appeals and carries for further di tection. The other business of the day'' was to tany VICE-CHANCELLOR'S COURT. IN THP MATTER OP THE RAVENSWORTH IMSPITAL. • This teas a petition complaining of thirnisap plication Of‘certaiU funds belonging to th-e'HOspi tal, an&praying for the interposition Of the Court. .TheLlospital was founded in an obscure village, in Yorkshire, for the sport of twenty-four old pet sons; and estates to a considerable amount were vested in ce rtain trustees for the purpose of main taining these persons. The complaint in the pe tition against the Wardens of the Hospital was, their having engaged 'an unnecessary number of nurses, from the corrupt motive of relieving the respeetive parishes to. which these nurses belong ed, from the b.irden they would have otherwise necessarily been on the pours rates. Ou the - other side t was argued, that this peti tion was unfounded and vexatious, and that on inquiry it would he found there wa s not the sligt.test grotind for complaint. The' Hospital, proverbially known for its filth before, lately assumed a creditable appearance, and was in every respect admirably adapted to promote the benevo lent views of the kunder. The VICE-CHANCELLOR considered the Case of some importance to the Public. • The Court cer tainly could not declare what number of nurses was sufficient for this Hospital, as that depended. on the state of the inmates but it was clear that if nurses were procured at al!, they must be found among the aged members of society. The late Act of Parliament had, without doubt, been pro ductive of benefit in the facility it afforded for the d..tection and exposure of abuses in public institu tions ; but it was matter of deep regret that the Legislature in their wisdom had not made some provision - for the protection of the funds of cha ritable institutions ; in so far as regarded costs. The present was a melancholy instance of most vexa tious I;tigation, and the conthict, certainly, of the Ilea,deos deserved great credit, in the reformation they had very properly introduced into the Hos pital: That nurses were necessary, none could doubt, and that such nurses must,be selected from the aged; was equally - clear, because few in the younger and "healthier walks of life - would be in duced to undertake the charge of weak and infirm persons. In looking into the answer, he found that it was customary with the Wardens, when a norse -was wanted, to give public intimation in church, and then to select whoever appeared to • them the best qualified - candidate. Now, when such was . the case (and that it was so was proved by many affidavits), it was monstrous to charge the. Wat dens with corruption. II e. therefore dis missed the petition, but witho u t cos t s , at t h e sante time again expressiu;.; his wislk; that ere long something would be done by th e L eg i s latu r e for the protection of charitable funds.—retition disniissed. COURT OF KING'S BENCH, JA..z. R 3. • This day 'Hilary Tenn commenced, .and • the usual -reports were read respecting the state of the Hulks in the different outports, and the internal order of the King's Bench Prison, as required by Act of Parliament and the Ordinances o.f the Court, and they respectively 'containcd'a favour able representation of the state of the hulks and the 'prison. CRIMINAL INFORMATION. Mr, BoLLAND moved for leave to file a criminal information against a person of the name of Ro bert Dawe : the aPplication was made at the in stance, and on the behalf of 'a Gentleman of the name of Martin Annesley, ‘vho was advanced in life, and was . one of the senior Aldermen of the Borough of Reading. By the affidavits it ap peared, that a person of the name of Allen had been convicted at a late Quarter Sessions, at which Mr. Annesley presided; of embezzling the property of his employers ; hut in consideration of his age, the prisoner being 130 years old, andmf the good character he had previously borne, he was Sen tenced only to a short imprisonment and a whip ping. About a week after he had been committed, the Surgeon Of the Gaol called upon M. Aunts ley, and stated, that in consequence of the illness of the prisoner, it would be iinproper to inflict the corporal part of the punishment at present, and it was in consequence postponed, until his health was perfectly restored. According to the report of the same medical attendant, even then, out of compassion, the gaolor was directed' merely to pass the whip over the back of the offender, with- Out inflicting auy pain, so that that part of the • punishment was merely nominal. Allen, however, 'ied before the . period of his'confinetnent had ter- Minated, anti Mr. Hobert Dawe had thought fit to write a letter, and some verses, in which he attributed the death of the unfortuate man to Mr. Annesley, who had only. acted as the organ of the rest of the Bench of Magistrates in passing the sentence. The letter' was' addressed to a Mr. Hobert. Lord ELLutsita?;a6l3l.lH.—The letter and verses were not printed ? Ser.' IliiLL'ANn replied in ' the negative. The let . te-, after "not icing other 'papers, proceeded dins': --•.` I have been at: poor Allen's to inquire about his case, and I found it just as I stated, namely, that Mr. Annesley was the cause of, hii punish ment and death. Can he sleep ? Yet he knows that the blood of Chriit cleanseth . all sin. I had a relation in the Sante circumstances' at Bristol, &c.; but Bristol is not _ so evangelical a town as Reading. Some men here hold - that Bibles Make us better than good deeds." This was signed "Ro bert Dawe, and a postscript was subjoined, in which he stated something he had learnt regard - - • ing the Bible Society; to which MF. Annesley be• longed. The verses it was unnecessary to read publicly delivered in a-CoUrt of Justice, pieces of the kind .generally excited a smile, if npthing, 1110 re. ; the'poern, if the natite it deserved, repre sented that Allen's Ghost - came to the bedside of Mr. Annesley, charged him with being the cause of his death, and dis . played the wounds he had re ceked from the lash of the executioner : it con cluded with this slanza— " To all this Annesley gave belief, " Yet did his spirits soon retire, " And swore that the next petty thief " He would both flog and flay alive!" Under these circumstances, he hail thought that the proper course of proceedingwas to apply for the interference and protectiou of the Court. Rule to slim cause granted. CONTEMPT 'OF COURT. THR RING V. MARIA PHILIPPA DOBBIN. On the motion of Mr. RICHARDSON, the de fendant, an extremely Interesting and. pratty woman, was brought up to answer a contempt of Court, in refusing to deliver tip to her husband the body of her dal. The proceedings in this case ;were several times delayed, first by Mr. Rill, the defendant's Counsel, who wished for an allow-, mice of further time, es there were many reasons which he should have to argue in explanation of the defendant's conduct. This was refused, as a contempt of the authority of the Court did not admirof 'any indulgence. Mr. Richardson then hoped that the Court would give leave to the de fendant to answer the contempt ; it was a fatrily disptee, and his client would be extremely. sorry to press matters to the utmost, provided .the object which the husband of the lady 'had in view was put in a train of being settled.. •He should , be per.: fectly satisfied if the lady would undertake to appear before their Lordships with the child, within any reasonable time. Lord ELLENBaTIOUGI-1.-You hear, Madam, what the Counsel says; it is for you to determine what you will clo. Mr. RICHARDSOII.—h is necessary, my Lord, that as little time as possible should be lost, as the husband is attending in town expressly for the purpose. The Lady continuing silent, the Court again called upon her "to make up hit. mind -upon the subject. Mrs.•Dcibbitt; lifter some . hesitation.—l am de termined not to give up the child. Lord ELLENBORoUG:H was remarking upon the coutnmacious conduct of the defendant, -when Mr. BILL observed, that the Lady could not have nnderitood the nature of the question'which had been put to her. He requested leave to speak to the lady upon the subject, and they according ly withdrew from. the Court, which proceeded to dispatch the other business of the day. Atter some little interval, the lady again 'ap peared, and as soon as an opportunity offered . of her again addressing the Court, Mrs. Dobbin said,—l prefer going to prison, my. Lord, to giving up the child to such a‘ father ; I cannot give up the child. to such a father.—The Lady addressed some further observations to the - Court, hilt in so low a tone of voice, that it was impossible to collect any thing she said. She was then sworn to answer the interrogatories which were for the first time legally exhibited to her ; having done so, the Court granted her further time for reflection, and called upon her recogniz ande to continue their liability. MAYOR OF WEYMOUTH. Mr. GAZELEE applied fora mnndanius to 'be issued to the Officers of the .Corporation of Wey mouth, ordering them to swear io Mr. Oakley, who'had been lawfully chosen Mayor of that Cot-- potation on the day of the last election. The per son now filling the office was a Mr. Weston, who had a majority-Of votes ; but the objection made to him was that of his not having received the Sa crament, according to the forms of the Church of England, within one year previous to his elec tion. No poll was taken at the election, but the shew of hands was declared to be in favour of Mr. ‘Veston.' Alter some conversation between the Judges and the - Learned Counsel, the latter said he should apply for two rules—for a mandamus to swear in 'Mr. Oakley, and for a qua wairanto call ing on Mr. Weston to shew by what authority he exercised the office of Mayor. Rules to shew cause granted. . HABEAS CORPiTS SUSPENSION. John Roberts, John Smith, Francis Ward, John Johnson, James Knight, Samuel Brown, John Baguelly, and several others, late of Man chester, Derby, &c. appeared on the floor of the Court, and claimed to be heard separately. John Roberts, of Manchester, said, that he had been confined in Gloucester gaol, under the Ha beas Corpus StispensiOn Act, and had been libe:" rated at the beginning of the present month, un der a recognizance to appear in the Court of King's Bench on the first day of this Term. He wished to know, if Lord Ellenborough bad any chaige against him, .Lord ELLENBOROUGH.--I a charge against you ? You Must couch your application properly ; I have uo charge against you. Roberts.—Then, will your Lordship counsel me • what 1 am to do, and where 1 am to obtain 're dress for my unjust imprisonment. • Lord ELLENBOROUGH.—I - am a Judge, not a Counsel. You have appeared, and therefore you have satisfied your recognizance. . John Smith, of Derby, now begged to be heard ; but before he had proceeded far, he was inter= rtiilted by Francis Ward, who read a Copy of the recognizance, by which he had been bound to ap pear this clay, and so' from day -,to day, whenever he :lionlil-be called upon, under a penalty of 1001. lie insisted that that recognizance ought to be clischarged: . Lord ELLENBOROUGH observed, that this was unite a voluntary obtrusion, and if such persons were listened to, the term ought to be extended to double` its present length. • Mt% Justice BAILEY informed Smith and the rest, that the recognizance was satisfied by their appearance, which would be recorded : the Court had . no power to discharge the recognizance, which Was to continue for a year. Another of the persons on the floor here insisted that it' ought to be discharged : he was 130 miles from home, without a penny in his pocket ; and if be were to reach home, lie might be called upon next _week- to appear. again ; or, indeed, from day to day, during the present term. James Knight demanded either to be put upon . . his trial forthwith, .or to he set at large entirely ; it was not just that this. recognizince should be hanging over the head of an innocent man, to com pel him to submission, or - to silence the expres sion of his opinions. - John .JOhnson said, that the object of it was to allow him Co go at large while he was a good lad, but to punish him if he were a naughty boy. _ Lord ELLENBOROUGH desired hirin to avoid such . fOOlish and indiscreet language. - Another of these persons presented an affidavit, which he desired might he read, that •he might folind a motion upon it, but it 'Was 'rejected ; and Samuel Brown was about to read a statement of his case; when he was stopped by the Court, as it had nothing to do with the question. Mr.• Justice Asitovr said, that their appearance on the floor would be sufficient for the present, and they might now. go .home until called upon to appear again in case of misconduct. They did not seem at all satisfied" with this an swer; but spoke of redress and unjust imprison ment. One of them said that.he had been, dragged from his family, and immured for 22 weeks in a dungeon several hundred miles distant. After the perauptory paper .had been gone through, Lord Ellenhorough, Mr. Justice Abbott, and Mr. Jus tice Hoiroyd, withdrew, leaving . Mr. Justice Bayley, who read an a ffi davit, presented to him by Ward. His Ltirdship said that" he could do nothing but advise the parties to go home ; he had no doubt that they would not be again requir ed to appear. 'Mild said lie meant to found a motion upon his affidavit ; hot Mr. Justice Bayley told him that it would be-ot no use at any time, but now the Court was not Johnson,. in the name of the whole, then in formed his Lordship, that as their appearance. to day satisfied the terms of the recognizance, they would return to-morrow prepared with affidavits, on which motions might be founded.—LHcre the business ended.] . COURT OF EXCHEQUER, JAN. 23. -This being the first (14y . of Term; the Court was opened with ,the accustomed forms. The whole of the Barons of the Exchequer attended. SIR WATKIN LEWES V. MORGAN. The circumstances of this case have been Iring before the public. In the last Term the decision of the Court was finally pronouneed,--uponthe . long contested cause between the parties.. By that decision the present plaintiff was put.into possession of .his estates, from which. he was thenceffvrward to receive the rents. Since then it appeared, that the defendant bad, contrary to the order of the Court, received some rents arising from the plaintiff's property., Mr. BLAKE now appeared for the - plaintiff, and moved for a rule -to - sliew cause why. the defen• dant should not be committed to the Fleet Prison.. for contempt of Court,.in disobeying its order, made on the 22d of November last. By that order. the defendant was restrained from receiving any rents or profits arising from the plaintiff's estates. But it was now sworn, that he. bad, through his agent, received 3001. from them .on the 10 . th of Sauuary. The affidavit also stated, that he had for his own purposes published separately the'opinon of one of the Judges (Baron Wood) who dissented from the judgment of the other• Judges. Mr. Blake contended that that was a serious aggravation of the case, and the more par•. ticularly so, as coming• from a man whO, from his former profession and practice, :as a member of the law, must have been acquainted with the rules of the Court,. and who was himself in Court when the .order was made - . - After a few- words from Mr. Mitincey and Mr. Richards, for the defendant and his agent, the rule to-shew cause was granted. _ COURT OF COMMON PLEAS, JAN. 23. Yesterday being the .first day of Hilary Term, this Court sat in the usual form. 'The Chiefjus. /i ce was, not able to, attend, in consequence of continued indisposition. ;LOLLS IN 'COVENT -GARDEN-MARKET. LOWDEN .V. lIIERONS. This Wa3 an action - tried in the Sittings of last Term it had been brought by the plaintitics; . as lessees of the Duke of Bedford, against the defen dants, to recover the amount of tolls claimed-as due on certain vegetables brought into the mar ket. A verdict was had for the plaintiffs for Bd. being under the amount claimed. Serjeant LENS now moved for a, rule to shew cause why that verdict should not be set aside and -a nonsuit entered. His motion, be said, - was made on three grounds :—The first was, that the plaintiffs had no right to demand any toll for articles brought into such a market as Covent garden : the second, that no evidence had been given onthe trial to shew that any regular toll had ever been paid,- but that the sums demanded . were constantly varied ; 'and the third ground was, that when tolls were demanded, it was from the seller, and not from the buyer, of such articles, which was contrary to the meaning of the Act for regulating Market Tolls. The COURT, after some observations on the na ture of the evidence'which had been given on the trial, granted the rule. OLD BAILEY. ROBBERY ON. THE THAMES. Yesterday John Rawlinson, the elder, William Henry Rawlinson,and John Rawlinson, the younger, the latter two of whom were capitally convicted of stealing silk and lace, on Wednesday, were in dicted capitally for stealing, on the navigable river Thames, nine pair of bOots, value 121. the pro perty. of Edward Sage, a lighternian. The indict ment bad a.second count in it, charging t he' goods to be the property of Messrs. Marsh and Cadogan; of the Cape. of Good Hope. The capital part of the charge was abandoned by Mr. ALLEY at an early stage of the trial, atthe suggestion of the Court, in consequence of the indictment baring set forth that the goods were put into.a " boat," whereas they were put in a lighter. The COMMON SERGEANT summed- up the facts, and added, that the commerce of the country would be destroyed, if goods in their transit to vessels were so hiectt o the care o f such men as the prisoners. It was a very lueky . circuinstancelor - them that they were not capitally convicted; they might expect no less than transportation. " The•two younger pris oners are a l rea dy ca . • pitally convicted." Mr. COMMON'SERiEANT.--;" Thejt the eider prisoner must be transported for seven /ears,". POLICE INTELLIGENCE. ATTEMPT- TO DEFEAT THE ENDS OF JUSTICS• Gummi ALL.---Y esterday John Collins ark" -- t i a chard Conies, two parish Constables, were Po t d the bar, when the following case was exbihit e against them : a the Mr. ARABIN, the Barrister, addresse d Magistrate: He said be appeared there ,13 10der id the sanction of. the Court sitting at the ,i Bailey, in order to prefer a charge against • t , prisoners ; and certain he was, that a (O r infamous and audacious case could not be . P fela sewed, inasmuch as it was an offence corn; mitted with an intent to evade the sacre' proceedings of a Court, and to defeat thel ends of justice. The prosecutor (Mt% lia'plan` ) was a respectable yeoman, residing at .Drayt°"; in Middlesex ; and it had fallen to his painful I° to appear at the Old Bailey, against • two 1)0 0 °1 indicted for felony at the present Sessions, au who were convicted. To prevent such convictitri the prisoners had, it appeared, conspired to atte" i 4 , the Old Bailey on Monday last (the day n4hi c , ,3 the parties alluded to were to abide their triai/ i ; and, under pretence of charging Mr.Tajdand receiving a quantity of stolen hay, dragged 1 ' 4 , 4 from the Court. On the road, however, to h if destined place of confinement, a gentleman, kilo"' to Mr. Tapland, met the party. Astonished t° see his unimpeachable friend in custody, be 0: mended an explanation. The priso ners Were s ' . lent ; but their captive was not so. Mr.Williarolt. who was his friend, pronounced the whole;totslli a conspiracy, and insisted .that his frie n d shou t be instantly liberated, unless the pri so n e rs ce ll ' exhibit their warrant of arrest, or other autboritt This they,were unable to do ; a slight striq% took place,•andflie prosecutor disengaged hire f l i ; from the grasp of the prisoners, who fled. (' circumstance being mentioned to the Court , i ; . , was suggested that the parties sho ttlid be with brought before one of the City Magist 4 , l—_ by warrant, and the prisoners in conseque nce wer e apprehended. The Learned Counsel said, it was% his intention at pres en t to c h arge t h e par ties sv"- conspiracy--a fact which the evidence he '`X, about to produce would clearly substa n tiate. I _`.j; would merely proceed against thetn for WO' and-false imprisonment. Mr. Tapland proved the case stated by Al l. ' Arabin, and was confirmed by Mr. Williams , W i° . met him whilst in custody. _ The prisoners being called upon fence, Coates for tbeir de "' said he w o as cmmissioned by a tilt named Kingston, to g to o the Court, and bri 'r qo Mr. epla nt ' from th en ce for a particular purpos e d . For this he was offered at first :three thillinPo and subsequently a country bank note for 01 ? ' pound. He declared he had no bad motive in trig transaction, Collins was about to enter into a similar ste!' ment, but was stopped by Sir W. Domvn .f.t{th e Magistrate), who said the ease , was too f clearif made out against them. He regretted that so d/ men were officers, and hoped that tbe -parish) 1, well as _the law, would notice their conduct. O l t, they "been indicted for conspiricy, they wow' meet with .the severest punishment, but as ih e t Learned Counsel would not, at present, Ei-OP such a proceeding against them, it was 1113 41a(I, ' only to cause them to fi n d goo d b a il , for 51 I e as sault and.false impli sonment of Mr. Toplan` , " at the Sessions. DANGEROUS NUISANCE'. MANSION - HousE..—Yesterday the Inquest of the Ward of Farringdon Without . waited tiP° 3 , Alderman '3. J. SMITH, who sat for tine Mayor, for the purpose of "representing to him tlit , dangerous state of a - house situate at the corner Fleet-market, and to take his advice thereoP"' It was stated, that the house in question was for" tnerly. a Wine-vaults, but having been slur uP considerable time, it had remained unoccopie' and suffered by the owner to go to decay. Thursday afternoon, the inhabitants of the fi t.. ` joining houies were d rea df u lly a l arme d by falling in of part of the roof and wall, and on - exr urination, the whole. building appeared to be 9 ° seriously dilapidated a s to ren d er th e ' i Pstm ediaiil 'adoption of precautionary measures necessary.' To avert the dreadful consequences that tnigiit ensue from such an occurrence, the Inquest hl thought it their duty to make a presentment 40 the case, and to request the directions of 4 14 Magistrate.—The whrtby Alderman ordered tbe, presentment to be laid before the Solicitor ana Surveyor to the City, whO would immediateli take such steps as the nature of the case required. . COURSE OF EXCHANGE, Fat omr, JAii..43. , Amsterdam ..3 Q 13. e 1 - 4 * Ditto, at Sight . 3G 8 _ Atosteidam • . . 11 8 C.F., Ditto, at Sight ........ ..... Rotterdam, . _ . . . Antwerp 11 10ExMonei Hamburg!) 34 2 21 .- r• 4 . Altona Paris, 3 Day's date - Ditto . . ' Bourdeaux, ditto Frankfort on the Main Madrid Cadiz Bilboa .................. . Seville Gibraltar . Leghorn - Genoa... 471-Veniee, Hai. Liv 25 Malta... .. 491-Naples, .- 43f Palermo .. • . • • • 129 d. per. OA. Lisbon ... . t. Oporto 'Rio Janeiro .. 65 Dublin... ......9.....C0rk......9 per, Cent. Agio of the Bank on Holland.... 2 per Cent. Portugal . Gold, in Coin , 1.4 1 0 per 024 Foreign Gold, in Bars • , 4 1 0 New. Dollars Silver, in Bars .... , .. ........... . . ..... BIRTHS. On Monday, the loth instant, the Lady.of Viscount Here.. ford, of a son. On the list inst. at Chertscy, the lady of Charits Sum.. mers, Esq. of a daughter. DIED. ,At. Vizagapatam, near Madras, Lieutenant S. Rolleston, son of Stephen Rolleston, Esq. of Parliament-street. On Tuesday, the 6th instant, Mr. John Charles Poclinell, late of the East India,Campany's Service, and free mariner on the Bombay Establishment. • LONDON: Printed by J. B. 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